ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine whether additional safety requirements should be added to the current law. To this end, the House ATV Safety Study Committee was created. The committee organized three public forums in three regions of the state for the purpose of hearing testimony from local law enforcement, medical professionals, ATV enthusiasts, industry representatives and concerned citizens about the issues surrounding safe ATV operation. In December 2005, the committee issued their report making the following findings:
1) Georgia is one of only five states with no ATV safety legislation.
2) There have been 177 fatalities involving ATV between 1982 and 2003.
3) Of the 177 deaths, one third were children under 16.
4) In 2004, there were 12 fatalities involving ATV, 50% of which were children under 17.
5) The risk of being killed in an ATV crash is 20 times higher than that of any other vehicle.
6) Almost all ATV fatalities or serious injuries occur while violating one or more of the Consumer Product Safety Commission’s “Rules of ATV Operation”. These rules are as follows:
A. Children under sixteen should not ride adult-sized ATV (engines bigger than 90 cc’s).
B. Take a hands-on safety course.
C. Always wear a helmet while on an ATV.
D. Never drive an ATV on paved roads.
E. Never drive while under the influence of drugs or alcohol.
F. Never drive an ATV with a passenger, and never ride as a passenger.
7) Though it is illegal to operate ATV on roads or private property without permission, law enforcement is reluctant to apprehend violators. This is due to the high likelihood of the violator fleeting the scene and having an accident.
8) Investigation and prosecution of ATV theft is difficult because there is no centralized database or registration to match owner with ATV.